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Before the National Green Tribunal Central Zonal Bench Bhopal

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Before the National Green Tribunal Central Zonal Bench Bhopal BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONAL BENCH BHOPAL Original Application No. 24/2014 (CZ) CORAM: Hon’ble Mr. Justice Dalip Singh (Judicial Member) Hon’ble Mr. P.S.Rao (Expert Member) BETWEEN: Rajesh Dixit R/o Matra-Chhaya, Near Jugal Kishore Ji Temple, Panna, Dist. Panna Presently at C/o Shri H.S.Dubey, Advocate 1285 Yadav Colony, Daya Nagar, Jabalpur, Dist. Jabalpur. …..Applicant Versus 1. The State of Madhya Pradesh Through Chief Secretary, Vallabh Bhawan, Bhopal, District Bhopal (M.P.) 2. Director General of Police Police Head Quarter, Bhopal District Bhopal (M.P.) 3. Principal Secretary (Mining) Govt. of M.P. Vallabh Bhawan, Bhopal District Bhopal (M.P.) 4. Principal Secretary (Revenue) Govt. of M.P., Vallabh Bhawan, Bhopal District Bhopal (M.P.) 5. Principal Secretary (Forest) Govt. of M.P., Vallabh Bhawan, Bhopal District Bhopal (M.P.) 6. Principal Secretary (Environment) Govt. of M.P., Vallabh Bhawan, Bhopal District Bhopal (M.P.) Page 1 of 11 7. Director Bhomiki Avam Khanikarm Vibhag, Bhopal, District Bhopal (M.P.) 8. Collector / D.M. Panna, District Panna (M.P.) 9. Conservator of Forest/Director Panna Tiger Reserve, Panna National Park, Panna District (M.P.) 10. Divisional Forest Officer (North) Panna, District Panna (M.P.) 11. Divisional Forest Officer (South) Panna, District Panna (M.P.) 12. Diamond Officer Panna, District Panna (M.P.) 13. Mining Officer Panna, District Panna (M.P.) .....Respondents Counsel for Respondents : Shri Sachin K. Verma, Advocate Dated : 3rd September , 2014 Delivered in Open Court by Hon’ble Mr. Justice Dalip Singh, Judicial Member 1. This application came to be registered by this Tribunal after the same was transferred by the Hon’ble High Court of Madhya Pradesh at Jabalpur vide order dated 09.01.2014 where originally Writ Petition No. 7754/2005 was filed by the Applicant. The Writ Petition was filed as Public Interest Litigation alleging that mining of stones, diamonds and other major mineral in District Panna in revenue lands as well as in the forest areas, was seriously affecting the nature and environment such as deforestation, soil erosion, damage to wildlife etc. as the same was being carried out Page 2 of 11 allegedly illegally in areas covered even in the Panna Wildlife Sanctuary, Panna National Park, Panna Tiger Reserve and other forest areas. It was therefore prayed that the Respondents be directed to produce all documents and information pertaining to the aforesaid on all types of mining activiites in District Panna and further all over Madhya Pradesh. 2. The Applicant, in support of his application relied upon the articles and news items published in March 2004 in a magazine titled ‘Bhopal Mahanagar’ and daily newspapers Danik Jagran, Nav Bharat etc. copies of which were annexed by way of Annexure P-7 to P-13 The Writ Petition was filed before the Hon’ble High Court of Madhya Pradesh at Jabalpur on or about 05.08.2005. 3. The Hon’ble High Court issued notices to the Respondents vide order dated 16.01.2006. The Respondents put in appearance and submitted their replies along with the affidavit of the Divisional Forest Officer, Panna on 25.09.2006. 4. After the case was transferred to this Tribunal, the matter came up for consideration on 19.02.2014 and Shri Vinod Mishra, Counsel appeared on behalf of the Applicant. Subsequently during the hearing on 13.03.2014, the Applicant appeared in person and in the presence of the Applicant on 13.03.2014 and after hearing him, latest information was sought from the Respondents as the issue that was confined by the Applicant for the purposes of this application and during the hearing pertained only to the illegal mining of diamonds in District Panna and as such the Counsel for the State of Madhya Pradesh was directed to get the latest information on the following points : Page 3 of 11 “i. Under what provision of law the Pattas/mining leases are being issued for carrying out the mining with regard to the major mineral/diamond as alleged by the Applicant. ii. Whether any conditions with regard to the execution of the lease and carrying out the mining operations have been incorporated in the lease documents/Pattas. iii. The total number of persons to whom such Pattas/mining leases have been granted. iv. The date of validity and duration of such mining leases/pattas.” Apart from the above, the Respondent shall file an affidavit specifically on the issue whether any illegal mining is carried out without lawful pattas/mining leases, if so what steps administration has taken for stopping the same. 5. Subsequently, the case came to be adjourned. On 20.05.2014 the Respondents filed reply on the issues raised on 13.03.2014 and it was submitted on behalf of the Applicant that it must be enquired into as to in what circumstances despite directions issued by the Hon’ble Supreme Court in the case of T.N. Godavarman Thirumulkpad Vs. Union of India (1997) 2 SCC 267, mining activity is being permitted by the State Government in the forest area. 6. With a view to facilitate the response of the State Government, the case was adjourned to 18.07.2014. On 18.07.2014 none appeared for the Applicant and as such the case was adjourned to 14.08.2014. On 14.08.2014 also none appeared for the Applicant and as such in the interest of justice one more opportunity was granted and case was adjourned for 03.09.2014 with specific direction that in case none appears for the Applicant, the matter shall be heard and decided finally. Page 4 of 11 7. Despite the above directions, none has appeared for the Applicant today and in these circumstances, the matter is heard finally. 8. As we have indicated above, in the original Writ Petition the issue raised was general in nature as also in the relief clause. However, it appears from the reply submitted by the State Government on 25.09.2006 that the Applicant confined himself to the issue of illegal mining of diamonds in forest areas in District Panna (M.P.). 9. It is further corroborated by the fact that on 13.03.2014, when the case was heard, four issues were highlighted and identified for consideration and on which the response of the Respondents was sought by the Tribunal which also incidentally relates to illegal mining of diamonds in the District Panna more particularly in the forest areas allegedly contrary to the provision under the Forest (Conservation) Act, 1980 and other related Acts which prohibit non-forest activities in the forest areas. 10. We would first deal with the reply that was submitted by the Respondents before the Hon’ble High Court of Madhya Pradesh on 25.09.2006. It was submitted that as far as the mining of diamonds by the National Mineral Development Corporation Ltd. (in short, ‘NMDC’), a Government of India Undertaking is concerned, no doubt it has been granted with the mining lease in Panna as also in the forest area but it was submitted that after the issue was raised, the mining activity came to be stopped by the Ministry of Environment and Forests for a long period from 28.08.2005 to 19.06.2009. After obtaining the Forest Clearance (for short, ‘FC’ on 19.06.2009, the Corporation resumed the mining activity in Panna in the area in question. The FC was granted after due consideration as was submitted by the Learned Counsel for the State that the Corporation Page 5 of 11 already had the necessary Environmental Clearance (in short, ‘EC’) which was granted to it on 13.01.2006. On the basis of the above, it was submitted by the Learned Counsel for the State Government that though the NMDC would have been in a better position to give the details of the same but since they are not a party to this application and with the information which is available with the Learned Counsel he has submitted that all the mining activities by the Corporation were stopped during the period it was noticed that they did not have requisite FC and it was only after the same was granted on 19.06.2009 in pursuance of Hon’ble Supreme Court orders in I.A. Nos. 1485 & 1507 dtd. 13.08.2008 in the T.N. Godavarman case (supra) that the Corporation resumed the mining activities. 11. We presume that with the filing of this application in August 2005 and the matter having been highlighted, presumably cognizance has been taken on the issue with regard to mining being carried out without the FC and the Corporation was directed to stop such activity on 22.08.2005 as we have already stated that the application came to be filed on 05.08.2005 before the Hon’ble High Court of MP. Thus, the position that stands now is that the said Corporation is carrying out the activities, as was submitted by the Learned Counsel for the State, with proper permissions and clearances under the Environment (Protection) Act, 1986 and Forest (Conservation) Act, 1980. 12. As regards the averments made in the application that the illegal mining is being carried out and such activity is not restricted to areas for which the leases have been granted and mining is going on in the garb of such permission in different areas particularly in the forest areas, are concerned, Page 6 of 11 we find that no specific instances of such areas and persons have been identified or mentioned in the pleadings. There is also no mention with regard to such activities being carried out either by the Corporation or by individuals.
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